RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04713
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 20 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
The sit up component of the contested FA was unjustly administered by the Fitness Assessment Cell (FAC) representative.
The FAC administrator terminated the sit-up portion of the applicants test for what he believed was an incorrect resting position. Therefore, he received zero points for the sit-up component and an overall Unsatisfactory rating for the contested FA.
In support of his appeal the applicant submits, e-mail traffic between the FAC and this unit.
The applicants complete submission with attachments is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On the date the application was submitted the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force.
On 20 Aug 13, the applicant participated in a FA, attaining an overall composite score of 79.60, which constituted an unsatisfactory assessment. The applicant was credited with the following composite scores: Cardio 12:06/50.90, Abdominal Circumference 30.00/20.00 points, Push-ups 43/8.70,
Sit-ups 31/0.00 points.
The applicants last 5 FA results are as follows:
Date
Composite Score
Sit-Ups
Rating
*20 Aug 13
79.60
31/0.00
Unsatisfactory
23 May 13
Exempt
Exempt
Exempt
27 Dec 12
84.40
39/6.00
Satisfactory
29 Oct 12
80.10
39/0.00
Unsatisfactory
1 Aug 11
90.20
42/6.00
Excellent
* Contested FA
A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 17 Dec 13 on the basis of Insufficent evidence; specifically witness statement to support injustice.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to void/remove the FA, dated 20 Aug 13 due to insufficient evidence.
A complete copy of the AFPC/DPSIM evaluation, with attachments is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 4 Apr 14 for review and comment within 30 days (Exhibit C).
In response to the evaluation the applicant submits two signed memoranda from his Detachment Chief and Fitness & Sports Center Director indicating that there was in fact an error from the FAC administrator. Specifically, the Center Director had a meeting with all parties involved and came to the conclusion that the applicant was performing the sit-up component correctly and the FAC administrator had been improperly trained and made an error when administering the test. To correct the issue, the Center Director scheduled a retest for the following day; however the applicant failed to show and then was permitted to go on leave. In this regard, the Center Director does not support the extended time permitted to take the test, but concurred the FAC administrator did not properly enforce the counting for the contested FA as intended in the AFI.
A copy of the applicants rebuttal, with attachments, is at Exhibit D.
_______________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicants contentions, we believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating that there was no witness statement to support an injustice and AFPC/DPSIM recommends denial of the request due to a lack of supporting evidence; however, in response to the Air Force evaluation, the applicant submitted a memorandum from the Fitness & Sports Center Director stating that the FAC administrator had been improperly trained and made an error when administering the test. In addition, he also provided a letter from his detachment chief, who indicated that there was in fact an error and he has since taken and passed his FA. Given that these statements are from reputable sources and clearly state that an error occurred, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicants records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 20 Aug 2013 be declared void and removed from the Air Force Fitness Management System.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-04713 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXX, Chair
XXXXXXX, Member
XXXXXXX, Member
All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04713 was considered:
Exhibit A. DD Form 149, dated 17 Oct 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 4 Dec 13 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Mar 14.
Exhibit D. Applicants Rebuttal w/e-mail, dated 20 Jul 14
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